European Union Bill

It might be helpful if I set out in a little more detail the provisions in schedule 2, because it also deals with the procedures to be followed in the admittedly unlikely event that we were unable to fill the vacancy for the additional MEP by looking at the party lists as they were constituted in 2009. As I have explained, clause 17 provides for the method of electing and returning the UK's additional MEP. Schedule 2 provides a series of detailed provisions to be used when undertaking the process to return that additional MEP. As a first step, the regional returning officer for the designated region—in this case, the west midlands—would be required to identify which registered party would have won the additional seat in accordance with the results of the European parliamentary elections of 4 June 2009, as though that seat had already been allocated to the west midlands at that time. Since there were no independent candidates in the west midlands at the 2009 elections, the schedule provides only for allocation to a registered party. The regional returning officer would then be required to identify from the registered party's list of candidates at the 2009 elections the candidate whose name appeared highest on the list. In doing so, the returning officer has to disregard those people who have already been returned as MEPs, or who have since died. For example, if the registered party had proposed six candidates in an electoral region and the first three candidates on that party's list had been returned as MEPs, the returning officer would identify the fourth candidate on that party's list as the next person to be returned as an MEP. That person is referred to as the first choice. Schedule 2 provides that the returning officer then has a duty to contact the first choice to ask whether he or she will provide written confirmation of their willingness and their ability to be returned as the MEP. The returning officer would also ask the first choice to deliver a certificate signed by, or on behalf of, the nominating officer of the registered party, confirming that he or she may be elected. Schedule 2 further sets out the process to take place if the returning officer is unable to contact the first choice candidate or if that person confirms that, for whatever reason, they are unwilling or unable to stand, or if they do not provide the certificate required by law. In order to maximise the independence of the process, and to make it clear that there is no Government gerrymandering involved, it shall be at the discretion of the regional returning officer to determine the length of the ““reasonable period”” involved. If there has been no success with the first choice candidate, the returning officer should identify the next name on the registered party's list of candidates. This candidate is referred to in the schedule as the subsequent choice, and the returning officer shall repeat the same process with that candidate. This process will continue until either the seat is filled or there are no more names on the registered party's list of candidates. Schedule 2 then sets out what would happen if the first choice candidate provided the required documentation after the regional returning officer had determined that it was appropriate to move on to the next individual. In that case, schedule 2 provides that the so-called prior choice would have forfeited their opportunity because they had previously been given adequate opportunity by the returning officer to provide the relevant documentation within a reasonable time. They would have to wait to see whether the process could be completed successfully with the current candidate being approached by the regional returning officer. If the returning officer had no success with that subsequent candidate, the earlier candidate could be allowed at that stage to provide documentation and stake a claim. The schedule then sets out the process to take place when a candidate has returned the required documentation to the satisfaction of the regional returning officer. The returning officer has to declare publicly in writing that that person should be returned as an MEP, prepare a public statement containing relevant information concerning the process, and send copies of both documents to the Secretary of State.